‘Responsibility not solely with owner, but also MCD, DU... ’: HC orders MCD inquiry in Satya Niketan collapse

The Delhi High Court on Monday directed the Municipal Corporation of Delhi (MCD) to conduct an inquiry at the highest executive level into the Satya Niketan building collapse, asking it to determine whether the structure had been constructed with valid permissions and fix responsibility on officials if lapses were found

The Delhi High Court on Monday directed the Municipal Corporation of Delhi (MCD) to conduct an inquiry at the highest executive level into the Satya Niketan building collapse, asking it to determine whether the structure had been constructed with valid permissions and fix responsibility on officials if lapses were found.

Rescue operations and clearing underway on the second day after the building collapsed. (Sanchit Khanna/HT Photo)

A bench of chief justice DK Upadhyaya and justice Tejas Karia said the incident was “unfortunate” and prima facie suggested that responsibility for such mishaps did not lie solely with the owner of the paying guest (PG) accommodation, but also with MCD and university authorities responsible for ensuring compliance with building bye-laws and other regulations.

“Had the authorities been alive to the responsibilities and duties casted on them statutorily, such incidents could have been avoided,” the bench said.

The court directed MCD to ascertain whether the collapsed building had been constructed pursuant to valid and requisite permissions and, if not, identify the officers or employees responsible for the lapse. Its response must also specify what action had been proposed or taken against officials found responsible.

“Seven of them have died … majority of them may still be lying under the debris. There can’t be anything sadder than this. It’s your (government’s) responsibility. You cannot escape it,” the court said.

MCD was further directed to conduct, within a week, a comprehensive inspection of all PG accommodations under its jurisdiction to determine whether they were operating with requisite permissions and in compliance with rules. The civic body was also asked to ascertain the number of students residing in each PG.

The court expressed concern over the shortage of hostel accommodation for students at Delhi University, saying this was forcing outstation students and their parents to rely on private PGs that could pose serious risks to their safety.

“PGs are not only very dangerous, they are causing threat to the life, security of students. This is because of inadequate number of hostels available to the students,” the bench said, asking the government to “double down” on efforts to provide hostel facilities.

The court said DU had inadequate hostel capacity despite attracting students from across the country and described the situation as “very, very pathetic” in terms of hostel availability.

The bench also asked MCD to state in its affidavit whether any statutory or executive regulations governed the operation of PG hostels in Delhi, amid concerns over alleged unauthorised construction. “Some statutory mechanism should be made to put in place to regulate these PGs. These PG owners recklessly indulge in constructions,” the court said, adding that the government could not escape its responsibility.

“PG owners recklessly indulge in constructions. If the permission is accorded to them for a two-storey building, the construction will go on for six storeys. Foundation remains the same and this collapse is perhaps the result of such a construction,” the court said.

The directions came while the court was hearing a petition filed by Aniket Kumar Gupta seeking a fair and comprehensive investigation into the collapse, including examination of the roles of the owner, contractor, builder, architect, structural engineer and workers. The petition also sought ₹1 crore compensation for the next of kin of each deceased victim.

Solicitor general Tushar Mehta, appearing for the Centre, MCD and Delhi Police, told the court that the authorities would leave no stone unturned in rescue operations and that the government was actively monitoring the situation.

The court also directed authorities to intensify rescue efforts to save lives. “Please impress upon the government for providing facility of hostel to the students. PGs are not only very dangerous, they are causing threat to the life, security of students,” the court held.

The matter will be next heard on September 25.

A five-storey building in Satya Niketan, which housed Delhi University students, collapsed on Sunday, killing at least seven people and injuring five others, with an unknown number feared trapped under the debris. Police said renovation work was underway on the ground floor of the PG accommodation, known as Hostel Daze, when the building collapsed around 1.30pm. The structure was estimated to be 40-50 years old.

Police arrested the property owner, Hariram Gupta, 81, a Gurugram resident, and registered an FIR against him and unidentified others under sections 105 (culpable homicide not amounting to murder), 290 (negligent conduct in pulling down, repairing or constructing buildings) and 125 (act endangering the life or personal safety of others) of the Bharatiya Nyaya Sanhita at South Campus police station. Delhi chief minister Rekha Gupta has ordered a magisterial inquiry into the collapse.